Chapter 6.17
UNLAWFUL STUNT DRIVING OR RACE ATTENDANCE1
Sections:
6.17.020 Unlawful race event attendance – Prohibited.
6.17.030 Unlawful stunt driving event attendance – Prohibited.
6.17.040 Unlawful stunt driving – Prohibited.
6.17.050 Motor vehicles involved in racing or stunting subject to impound upon driver’s arrest.
6.17.060 Notice of impoundment.
6.17.070 Redemption of impounded vehicles.
6.17.090 Post-impoundment hearing procedure.
6.17.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.
“Driving” for purposes of this chapter does not include using a United States Department of Transportation (USDOT) approved autonomous driving or driver-assistance technology in a lawful manner and in accordance with the manufacturer’s instructions as contained in the vehicle owner’s manual or a similar document.
“Motor vehicle” includes any vehicle as defined by RCW 46.04.320, including automobiles and motorcycles, whether propelled by an internal combustion engine or electric motor.
“Public place” means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, streets, roadways, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots. “Public place” does not include a private licensed racetrack, or a driver training or exhibition event that is licensed and conducted on private property.
“Stunt driving” is defined as any activity where one or more persons engage in any of the following driving behaviors in a public place:
(1) Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the roadway or other surface, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles;
(2) Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the roadway or other public place while turning;
(3) Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it;
(4) Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the roadway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to lawfully pass another motor vehicle;
(5) Driving a motor vehicle with a person in the trunk of the motor vehicle; or
(6) Driving a motor vehicle while the driver is not sitting in the driver’s seat.
“Unlawful race event” means an event in a public place where two or more persons willfully compare or contest relative speeds by operation of one or more motor vehicles, as set forth in RCW 46.61.530.
“Unlawful stunt driving event” means an event in a public place where two or more persons willfully engage in stunt driving as defined in this chapter. An event may be both an “unlawful race event” and an “unlawful stunt driving event” and the two types of events are not mutually exclusive.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.020 Unlawful race event attendance – Prohibited.
(1) Any person who has actual or constructive knowledge that he or she is in attendance of an unlawful race event, as defined in this chapter, and is present at the unlawful race event with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor.
(2) The circumstances that may be considered in determining if a violation of subsection (1) of this section has occurred may include, but are not limited to:
(a) The person, by admission, is in attendance of an unlawful race event with the intent to observe or support or encourage the unlawful race event;
(b) Statements of other persons who are shown to be in attendance of an unlawful race event that provide evidence of intent to observe, support, or encourage an unlawful race event;
(c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful race event or that are engaging in or have engaged in an unlawful race;
(d) The person either operates or is a passenger in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful race event; or
(e) The person has no reasonable alternative purpose for being in the area where an unlawful race event is occurring or has occurred.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.030 Unlawful stunt driving event attendance – Prohibited.
(1) Any person who has actual or constructive knowledge that he or she is in attendance of an unlawful stunt driving event, as defined in this chapter, and is present with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor.
(2) The circumstances that may be considered in determining if a violation of subsection (1) of this section has occurred may include, but are not limited to:
(a) The person, by admission, is in attendance of an unlawful stunt driving event with the intent to observe or support or encourage the unlawful stunt driving event;
(b) Statements of other persons who are shown to be in attendance of an unlawful stunt driving event that provide evidence of intent to observe or support or encourage an unlawful stunt driving event;
(c) The person either operates or is a passenger in a motor vehicle that shares the attributes of other vehicles that are in attendance of the unlawful stunt driving event or that are engaging in or have engaged in an unlawful stunt driving event;
(d) The person either operates or is a passenger in a motor vehicle that is driven in such a manner as to show evidence of an attempt to flee or escape detection when a police officer arrives on the scene of an unlawful stunt driving event; or
(e) The person has no reasonable alternative purpose for being in the area where the unlawful stunt driving event is occurring or has occurred.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.040 Unlawful stunt driving – Prohibited.
Any person operating a motor vehicle in a public place in a manner that constitutes stunt driving, as defined by this chapter, is guilty of a gross misdemeanor.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.050 Motor vehicles involved in racing or stunting subject to impound upon driver’s arrest.
Any motor vehicle involved in a violation of this chapter shall be subject to impound by a police officer if (1) the driver is arrested for a violation of this chapter and (2) the vehicle is located in the public right-of-way, or public property, at the time of impound. Police officers will consider reasonable alternatives to impounding a motor vehicle prior to completing an impound pursuant to this chapter. Any impound will comply with the requirements of RCW 46.55.240, including the remaining sections of this chapter.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.060 Notice of impoundment.
(1) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following:
(a) The name of the impounding registered tow truck operator, its address, and telephone number;
(b) The location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the department) the vehicle was impounded;
(c) A form, approved by the city, which describes the right to and process for vehicle redemption requirements and which describes the process for contesting an impound or the costs of impoundment.
(2) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (1) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.
(3) The registered tow truck operator or the police department, as applicable, shall provide notice as described in subsection (1) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person’s signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court.
(4) If the date on which a notice required by subsection (2) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.070 Redemption of impounded vehicles.
Vehicles impounded by the city in accordance with this chapter, as now or hereafter amended, shall be redeemed only under the following circumstances:
(1) Only the registered owner, a person with authorization from the registered owner, or one who has purchased the vehicle from the registered owner and who produces proof of ownership or authorization from the registered owner and signs a receipt therefor, may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with RCW 46.30.020, and pay a $100.00 administrative fee to the municipal court, and obtain a receipt for release from the municipal court.
(2) Any person so redeeming a vehicle impounded by the city shall pay the towing contractor for the costs of impoundment prior to redeeming such vehicle.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.080 Hearing requests.
Any person seeking to redeem a vehicle impounded as a result of a violation of this chapter has a right to a hearing in Federal Way municipal court to contest the validity of an impoundment or the amount of removal, towing, and storage charges and any administrative fee if such request is made in writing, in a form approved by the mayor and signed by such person, and received by the municipal court within 10 days (including Saturdays, Sundays, and holidays) of the date the notice was given to such person by the person impounding the vehicle or, if the person seeking to contest the impound validity was not the driver, within 10 days (including Saturdays, Sundays and holidays) of the date the notice was mailed by the registered tow truck operator. Such hearing shall be provided as follows:
(1) If all of the requirements to redeem the vehicle have been satisfied, then the impounded vehicle shall be released immediately, and a hearing shall be held within 90 days of the written request for hearing. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the 90-day period.
(2) If not all the requirements to redeem the vehicle have been satisfied, then the impounded vehicle shall not be released until after the hearing, which shall be held within two business days (excluding Saturdays, Sundays and holidays) of the written request to the municipal court for the hearing unless good cause as to the reason(s) for any delay is shown. Any delay attributable to the person requesting the hearing, including but not limited to continuances of the hearing date, shall be excluded from the two-day period.
(3) Any person seeking a hearing who has failed to request such hearing within the time specified in this chapter may petition the municipal court for an extension of time to file such a request for hearing. Such extension shall only be granted upon the demonstration of good cause as to the reason(s) the request for hearing was not timely filed. For the purposes of this section, “good cause” shall be defined as circumstances beyond the control of the person seeking the hearing. In the event such extension is granted, the person receiving such extension shall be granted a hearing in accordance with this title.
(4) If a person fails to file a timely request for hearing and no extension to file such a request has been granted, the right to a hearing is waived, the impoundment and the associated costs of impoundment and administrative fees are deemed to be proper, and the city shall not be liable for removal, towing, and storage charges arising from the impoundment.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.090 Post-impoundment hearing procedure.
Hearings requested pursuant to this chapter shall be held by a municipal court judge, who shall determine whether the impoundment was proper and whether the associated removal, towing, storage, and administrative fees were proper.
(1) At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, Department of Licensing vehicle registration records of the impounded vehicle are admissible without further evidentiary foundation and are prima facie evidence of the identity of the registered owner of the vehicle.
(2) If the impoundment is found to be proper, the municipal court judge shall enter an order so stating. In the event that the costs of impoundment (removal, towing and storage) and administrative fee have not been paid, the municipal court judge’s order shall also provide that the impounded vehicle shall be released only after payment to the city of any fines imposed under this chapter. The municipal court judge shall grant time payments only in cases of extreme financial need, and where there is an effective guarantee of payment. In any event, time payments shall not be granted if the person seeking time payments had failed to fully comply with the requirement to make any time payments previously granted under this section. In the event time payments are granted, the city shall advance the costs of impoundment to the towing company.
(3) If the impound is found to be improper, the municipal court judge shall enter an order so stating and order the immediate release of the vehicle. If the costs of impoundment have already been paid, the municipal court judge shall enter judgment against the city in favor of the person who has paid the costs of impoundment in the amount of the costs of the impoundment.
(4) In the event that the municipal court judge finds that the impound was proper, but that the removal, towing, storage, or administrative fees charged for the impound were improper, the municipal court judge shall determine the correct fees to be charged. If the costs of impoundment have been paid, the municipal court judge shall enter a judgment against the city and in favor of the person who has paid the costs of impoundment for the amount of any overpayment.
(5) No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and shall not preclude litigation of those same facts in a subsequent criminal prosecution.
(Ord. No. 21-915, § 1, 6-1-21.)
6.17.100 Administrative fee.
An administrative fee of $100.00 shall be levied upon each vehicle redeemed under this chapter. The fee shall be remitted to the municipal court. The fee shall be for the purpose of offsetting, to the extent practicable, the cost to the city of implementing, enforcing, and administering the provisions of this chapter and shall be deposited in an appropriate account.
(Ord. No. 21-915, § 1, 6-1-21.)
Cross reference: Traffic and vehicles, FWRC Title 8.